Cornish Group Spring Farm Pty Limited v. Valuer General [2011] NSWLEC 1039

Land and Environment Court New South Wales

Medium Neutral Citation: Cornish Group Spring Farm Pty Limited v. Valuer General [2011] NSWLEC 1039 Hearing dates: 13 December 2010 Decision date: 04 March 2011 Before: Miller AC Decision: 1. In accordance with s 40(1)(c) of the Valuation of Land Act 1916, the matter is remitted to the Valuer General for determination in accordance with the decisions of the Court. 2. The question of costs is reserved. Catchwords: Questions of Law - Valuation of Land Act 1916; when ascertainment of profitable expenditure under s 14L is not required; entry of profitable expenditure ascertained under s 14L on Register of Land Values maintained under s 14CC; meaning of s 14M(1)(c) and (2)(c) [in relation to building, structure or works on the land]. Legislation Cited: Valuation of Land Act 1916 Land and Environment Court Act 1979 Fire Brigades Act 1989 Mines Subsidence Compensation Act 1961 Land Tax Management Act 1956 Local Government Act 1993 Cases Cited: Cornish Group Spring Farm Pty Limited v Valuer General: Cornish Group Pty Limited v Valuer General [2009] NSW LEC 205; Parks and Playgrounds Movement Inc v Newcastle City Council [2010] NSW LEC 231; Project Blue Sky Inc v Australian Broadcasting Authority [1998] (Project Blue Sky) HCA 28; 194 CLR 355 Wilson v State Rail Authority of NSW [2010] NSWCA 198 at paras [12]-[14] Category: Principal judgment Parties: APPLICANT Cornish Group Spring Farm Pty Limited